Written Answers Thursday 9 September 2010

Scottish Executive

Adults with Incapacity (Scotland) Act 2000

Dr Richard Simpson (Mid Scotland and Fife) (Lab): To ask the Scottish Executive what the (a) average, (b) median and (c) longest delays are in courts hearing applications for all forms of guardianship under the Adults with Incapacity (Scotland) Act 2000 in each of the last three years

Kenny MacAskill: This question relates to operational matters that are the responsibility of the Scottish Court Service (SCS) corporate body. The question has been passed to the Chief Executive of the SCS who will reply in writing.

Animal Welfare

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether it considers that the guga hunt on Sula Sgeir is in contravention of the Animal Health and Welfare (Scotland ) Act 2006.

Roseanna Cunningham: Gannets are protected under the provisions of the Wildlife and Countryside Act 1981, but section 16 (2) of that act specifically exempts the taking of gannets on the island of Sula Sgeir for the purpose of providing food for human consumption from the provisions of Section 1 and orders under Section 3, if it is done under and in accordance with the terms of a license granted by the appropriate authority.

  Section 19 of the Animal Health and Welfare (Scotland) Act 2006 creates the offence of causing unnecessary suffering to a protected animal, but subsection (4), states that in considering whether the suffering was necessary regard needs to be given as to whether the conduct was in compliance with any relevant enactment or any relevant provisions of a licence or code of practice issued under an enactment. Subsection (5) of the act allows the destruction of a protected animal in an appropriate and humane manner.

  During the guga hunt on Sula Sgeir the gannets killed are by a single blow to the head. Where more than one blow is required, it is likely that the first blow will render the bird unconscious. If the birds are killed by a competent person the birds will not suffer and no offence will have been committed under the Animal Health and Welfare (Scotland) Act 2006.

Benefits

John Wilson (Central Scotland) (SNP): To ask the Scottish Executive what discussions it has had with the Department of Work and Pensions regarding the proposals by the UK Government to review the housing benefits system.

Alex Neil: The Scottish Government is considering the impact of the proposed changes to housing benefit and their impact on vulnerable households and our policy objectives, including 2012 homelessness commitments. Officials are in regular contact with colleagues in the Department for Work and Pensions. I have raised with UK Ministers the importance of consultation on welfare reform proposals, most recently at a meeting on 29 July with the UK Minister for Disabled People.

Cancer

Christina McKelvie (Central Scotland) (SNP): To ask the Scottish Executive whether consideration has been given to providing Mohs surgery for patients with dermatological cancers in the NHS Lothian and Borders areas.

Nicola Sturgeon: All patients within the region covered by the South East Scotland Cancer Network (SCAN) have access to Mohs surgery for dermatological cancers, and this includes patients in the NHS Lothian and NHS Borders areas.

  NHS Lothian are currently looking to employ a Surgical Dermatologist who will be trained in Mohs micrographic surgery, which will allow the Mohs service to be further developed and offered locally.

Education

Cathie Craigie (Cumbernauld and Kilsyth) (Lab): To ask the Scottish Executive what guidance it gives to local authorities to support children with additional support needs.

Adam Ingram: The Scottish Government has revised, and in August 2010 published, the Supporting Children’s Learning Code of Practice. The Code of Practice, which has been updated to take account of the Education (Additional Support for Learning) (Scotland) Act 2009, provides detailed guidance explaining the duties on education authorities and other agencies to support children’s learning. Education authorities and other appropriate agencies, such as NHS boards, are under a duty to have regard to the code.

  We have also commissioned Learning Teaching Scotland to prepare case studies, exemplification and summary material for practitioners.

  The Scottish Government also funds Enquire, the national advice and information service to provide independent advice and guidance to families of children who require additional support.

Education

Elizabeth Smith (Mid Scotland and Fife) (Con): To ask the Scottish Executive how many children have received extra-curricular music tuition in each year since 1999, broken down by local authority.

Michael Russell: This information is not collected centrally.

Education

Elizabeth Smith (Mid Scotland and Fife) (Con): To ask the Scottish Executive how many music teachers have been in post in each year since 1999, broken down by local authority.

Michael Russell: The following table shows the number of teachers who recorded their main subject taught as music, broken by local authority for years 2003-09. The information on the subject taught is not available until 2003.

  The figures are the total for primary, secondary and special sector, and, since 2006 only, centrally employed music teachers. They exclude head teacher posts in primary and special sector, and head teacher and depute head teacher in secondary schools. This is due to their relatively low class contact time.

  Music Teachers by Local Authority1,2, 2003-09

  

 
2003
2004
2005
2006
20073
2008
2009


Aberdeen City
38
35
33
35
38
35
34


Aberdeenshire
31
42
43
41
44
48
53


Angus
27
21
23
26
25
23
26


Argyll and Bute
19
16
18
20
17
19
19


Clackmannanshire
8
8
7
8
9
11
12


Dumfries and Galloway
28
28
30
29
37
39
29


Dundee City
33
30
29
36
34
31
36


East Ayrshire
28
26
26
29
22
25
28


East Dunbartonshire
26
26
27
28
28
30
26


East Lothian
12
13
9
14
16
21
25


East Renfrewshire
18
16
21
26
27
27
27


Edinburgh City
64
68
75
76
60
59
56


Eilean Siar
9
7
10
13
12
9
10


Falkirk
33
31
33
37
35
35
33


Fife
68
67
61
77
70
68
74


Glasgow City
92
80
93
95
91
85
86


Highland
47
66
52
58
61
59
59


Inverclyde
16
19
18
19
19
18
18


Midlothian
20
21
22
27
25
26
21


Moray
18
17
22
22
23
23
22


North Ayrshire
30
26
28
29
29
30
24


North Lanarkshire
59
62
68
68
71
71
70


Orkney Islands
8
8
8
9
9
8
8


Perth and Kinross
26
18
24
29
29
28
29


Renfrewshire
32
24
38
36
39
35
36


Scottish Borders
28
31
23
28
29
29
26


Shetland Islands
11
14
14
14
14
14
13


South Ayrshire
21
22
26
23
26
25
24


South Lanarkshire
52
35
55
51
56
56
52


Stirling
18
17
20
22
23
19
21


West Dunbartonshire
23
23
22
23
25
22
20


West Lothian
16
9
8
37
44
41
43


All local authorities
956
 924 
 987 
1,085 
 1,087 
 1,069 
 1,059 



  Notes:

  1. Centrally employed music teachers include peripatetic teachers and visiting specialists, but exclude mainstream supply pool teacher if not teaching at the Census.

  2. Changes in recording practise in authorities may result in fluctuations in the numbers.

  3. Glasgow and Midlothian were unable to complete central teacher data for 2007, so data from 2006 has been used.

Energy

Cathy Jamieson (Carrick, Cumnock and Doon Valley) (Lab): To ask the Scottish Executive what discussions it has had with representatives of (a) South Ayrshire Council and (b) the Forestry Commission regarding the proposed energy-from-waste incinerator plant in Arecleoch Forest.

Richard Lochhead: We have had no discussion with South Ayrshire Council about this energy from waste plant, which is being proposed on land managed by Forestry Commission Scotland. The commission wants to encourage development of a railhead on this site to help take timber traffic off public roads and has proposed that ancillary developments, such as the energy to waste plant, be allowed to help improve the economic viability of the project. Such a development would of course be subject to securing necessary land-use planning consent from the local authority and environmental permit from the Scottish Environment Protection Agency.

Fisheries

Liam McArthur (Orkney) (LD): To ask the Scottish Executive what representations it has made to the UK Government regarding the proposal by the governments of Iceland and Faroe to increase their fishermen’s quotas of mackerel.

Liam McArthur (Orkney) (LD): To ask the Scottish Executive what representations it has made to the European Commission regarding the proposal by the governments of Iceland and Faroe to increase their fishermen’s quotas of mackerel.

Liam McArthur (Orkney) (LD): To ask the Scottish Executive what representations it has received regarding the proposal by the governments of Iceland and Faroe to increase their fishermen’s quotas of mackerel.

Liam McArthur (Orkney) (LD): To ask the Scottish Executive what representations it has made to the government of Faroe regarding its proposal to increase quotas of mackerel for Faroese fishermen.

Liam McArthur (Orkney) (LD): To ask the Scottish Executive what representations it has made to the government of Iceland regarding its proposal to increase quotas of mackerel for Icelandic fishermen.

Richard Lochhead: The actions of Iceland and Faeroes in setting unilateral total allowable catches (TACs) for mackerel in the North East Atlantic are irresponsible and risk the future sustainability of the stock, which in turn could have serious impacts for the Scottish Pelagic Fleet. The Scottish Government has received representations from the Scottish Pelagic Fishermen’s Association welcoming the positive action we have taken to address the issue; as well as concerns expressed by some Scottish fish processors that any action we take should not deprive them of raw material for their production.

  Marine Scotland has objected to the Marine Stewardship Council certification of the Faroese mackerel stock. The objection has been accepted by the independent adjudicator and the outcome of her review is awaited. The Scottish Government has also written to the Government of Faeroes in response to complaints that the Faeroese vessel Jupiter was prevented from landing mackerel at Peterhead, encouraging the Faeroese Government to return to the negotiating table.

  I have written twice to Commissioner Damanaki asking her to take a strong stand against the Faroese and Icelanders, and in particular to keep the issue at the fore during Iceland’s EU accession negotiations. Following my first letter, the Commissioner wrote to Commissioner Fule (Enlargement) highlighting the problems and asking him to ensure it was discussed during the accession negotiations.

  My second letter was in response to the Faeroese decision to set a TAC far in excess of their previous share. Following this, the Commissioner made a statement condemning the action and outlining possible further action that would be taken against the Faeroes if they did not reconsider their approach during the next round of negotiations. I followed up the letters with a phone conversation during which Commissioner Damanaki assured me of her commitment to resolving the issue and that she would work closely with the Scottish and UK Governments.

  I have maintained close contact throughout with the UK Fisheries Minister, Richard Benyon MP. He too has made parallel representations to the Commission. I have also encouraged the UK Government to explore the scope for wider diplomatic pressure to be brought to bear.

  The Scottish Government will continue to work with the UK, the European Commission and other key European member states to identify how best we can ensure Iceland and Faeroes come back to the negotiating table in order to secure a deal that is fair for Scotland and protects the mackerel stock.

Food Standards

John Scott (Ayr) (Con): To ask the Scottish Executive whether it plans to raise with the EU Commissioner for Agriculture and Rural Development, Dacian Ciolos, the possibility of eggs being imported into the United Kingdom that have been produced to a lower welfare standard than those from Scotland and the rest of the UK from 1 January 2012.

Richard Lochhead: There is no need to raise this issue at Commissioner level as the European Commission have made it clear that they have no intention of allowing any member state to keep laying hens in conventional cages after 1 January 2012. However, my officials are keeping the position under review and should it appear that any member state may be allowed to retain conventional cages for egg production after January 2012, I shall raise the issue of a ban on intra-Community trade in these eggs with the Commissioner.

  Eggs produced from hens kept in cages in non-European Union Countries which do not meet the current minimum EU standards or will not meet the new standards can be imported into the UK and EU. It is not possible to ban the importation of these eggs or egg products on welfare grounds as such a ban would be a breach of World Trade Organization rules.

Health

Dr Richard Simpson (Mid Scotland and Fife) (Lab): To ask the Scottish Executive how many cases of NDM-1 have been recorded in the last 12 months and what the outcome was for each case.

Nicola Sturgeon: Health Protection Scotland (HPS) has confirmed there have been no recorded cases of NDM-1 over the past 12 months.

Hepatitis

Cathy Peattie (Falkirk East) (Lab): To ask the Scottish Executive how many under-19s have been diagnosed with hepatitis C in (a) Scotland and (b) each NHS board area.

Shona Robison: The following table details the number of under 19’s that have been diagnosed with hepatisis C by NHS board area and a total for Scotland as at 31 March 2010.

  

Area
Number of persons diagnosed with hepatitis C and aged less than 19 at the time of diagnosis
Number of persons diagnosed with hepatitis C, currently less than 19 and alive


Scotland 
555
70


Ayrshire and Arran
33
3


Borders
3
2


Dumfries and Galloway
22
1


Fife 
20
0


Forth Valley
31
4


Grampian
131
11


Greater Glasgow and Clyde
171
30


Highland
13
0


Lanarkshire
36
5


Lothian
58
6


Orkney
0
0


Shetland
1
0


Tayside
35
8


Western Isles
1
0

Hepatitis

Cathy Peattie (Falkirk East) (Lab): To ask the Scottish Executive what estimate it has made of the number of under-19s infected with hepatitis C.

Shona Robison: Health Protection Scotland estimates that 150-200 people under the age of 19 are infected with hepatitis C in Scotland. Fifty-seven of these under 19s have been diagnosed and are currently alive and chronically infected.

Hepatitis

Cathy Peattie (Falkirk East) (Lab): To ask the Scottish Executive what estimate it has made of the number of babies born with hepatitis C in each of the last 10 years.

Shona Robison: It is estimated that approximately 10 hepatitis c infected babies are born in Scotland annually. Therefore it is estimated that approximately 100 babies infected with hepatitis C have been born in Scotland over the last ten years.

Housing

Mary Mulligan (Linlithgow) (Lab): To ask the Scottish Executive what the rent arrears in each housing association was in (a) 2008-09 and (b) 2009-10

Alex Neil: I have asked Michael Cameron, Acting Chief Executive of the Scottish Housing Regulator to respond.

  His response is as follows:

  The information relating to rent arrears in registered housing associations for 2008/09 is available from tables published on our website:

  http://www.scottishhousingregulator.gov.uk/stellent/groups/public/documents/webpages/shr_statisticstables2008-09.hcsp#TopOfPage.

  Table A4a covers gross rent arrears for both current and former tenants by housing association.

  The information relating to 2009-10 is due for publication at the end of September and will be available through the link.

Meat Industry

Rob Gibson (Highlands and Islands) (SNP): To ask the Scottish Executive whether it will publish advice, in the form of public documents or private correspondence, given to farmers regarding the importation of cloned embryos or selling the products from clones and their offspring into the food chain, including that given by the Department for Environment, Food and Rural Affairs and the Food Standards Agency, since 2006.

Richard Lochhead: The Scottish Government has not issued any advice to farmers regarding importing embryos or placing products from clones or their offspring on the market.

  Guidance on the rules for the importation of bovine embryos is on the Defra website. This guidance relates to EU legislation which applies to the whole of the UK. There are no particular Scottish dimensions.

  Food products such as meat, milk and eggs from cloned animals are subject to a safety evaluation and approval by all EU Member States as a novel food before they can be legally marketed.

  In the UK, the Food Standards Agency (FSA) is the responsible food assessment body for the EU Novel Foods Regulation (EC) 258/97. In 2007, it advised that food produced from cloned animals and their offspring would require a premarket safety evaluation under the terms of this Regulation. This advice is published on the agency’s website.

Meat Industry

John Scott (Ayr) (Con): To ask the Scottish Executive what the names and addresses are of the outlets where sales of the meat from cloned cattle or the progeny of cloned cattle took place; what quantity of meat was sold, and on what dates this meat was sold.

Richard Lochhead: In the course of its investigations the Food Standards Agency (FSA) traced eight animals born in the UK from eight imported embryos which were produced by a cloned cow in the USA. The cloned cow itself remains in the USA.

  As part of this investigation the FSA has established that, in total, meat from three of these animals has entered the food chain without authorisation under the EU Novel Foods Regulations.

  Regarding the names and addresses of the retail outlets, the agency is minded not to place this information in the public domain and has issued a public statement explaining the reasons for not doing so. A copy of this statement is attached:

  "The Agency has considered whether and, if so, to what extent it should reveal the identities of individuals and businesses involved in the recent investigation conducted by the Agency into the alleged sale of meat and milk from offspring of cloned animals.

  The FSA is an organisation whose essential purpose is to protect the interests of consumers in relation to food and food safety. We are committed to openness as a way of gaining and maintaining consumers’ confidence. Although the Agency is satisfied that there has been no risk to human health as a result of the circumstances revealed through its investigation, we would normally wish to reveal the details of those individuals and businesses who have been involved in that investigation, recognising that these details may be of interest to some consumers.

  However, in this case there are a number of other relevant factors:

  some of those involved in the investigation were not aware, and could not reasonably be expected to have been aware, that the animals in question were the offspring of clones

  it can be argued that a case such as this, where there has been no evidence of risk to human health, differs from other investigations conducted by the agency

  in this case, some have given information to the agency with the expectation that their details will remain confidential and the agency must consider whether, in future, third parties will be less likely to co-operate with investigations if such understandings are not adhered to.

  In light of the above, the Agency has decided to contact all those whose identity might be revealed following the recent investigation to tell them that, consistent with its usual practice and values, the agency is minded to disclose their identities. We will invite comments on that proposal and decide, in the light of comments received, whether, and if so to what extent, to disclose this information."

Prison Service

James Kelly (Glasgow Rutherglen) (Lab): To ask the Scottish Executive how many work programme places for prisoners were available in each of the last five years, broken down by prison.

Kenny MacAskill: I have asked John Ewing, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

  Historically, Prison work programme places are managed locally in each establishment and the information is not collated centrally so it would not be possible to provide such information without disproportionate cost. However, a database is currently under development to co-ordinate this information in the future.

Prison Service

James Kelly (Glasgow Rutherglen) (Lab): To ask the Scottish Executive how many educational programme places for prisoners were available in each of the last five years, broken down by prison.

Kenny MacAskill: I have asked John Ewing, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

  The total number of educational programme spaces for prisoners in each of the last five years by prisons is:

  

Prison
2006
2007
2008
2009
2010


Aberdeen
34
34
34
34
34


Barlinnie
38
38
38
38
38


Cornton Vale
17
17
17
25
33


Dumfries
34
34
34
34
34


Edinburgh
40
40
40
40
40


Glenochil
38
38
38
38
24


Greenock
26
26
26
26
26


Inverness
28
28
28
28
28


Kilmarnock
60
60
60
60
60


Open Estate
25
30
30
30
34


Perth
70
45
45
45
35


Peterhead
44
44
44
44
44


Polmont
58
74
74
74
74


Shotts
40
40
40
40
40



  The total number of prisoners accessing these spaces in any year will vary depending on the duration of individual programmes and the take up by prisoners.

  Addiewell prison opened in November 2009 as a private prison under contract to the Scottish Prison Service. The prison operates as a "learning" prison with all purposeful activity designed to have a learning element.

Prison Service

Cathy Jamieson (Carrick, Cumnock and Doon Valley) (Lab): To ask the Scottish Executive when the Cabinet Secretary for Justice last met the Chief Executive of the Scottish Prison Service and what issues were discussed.

Kenny MacAskill: I regularly meet with the Chief Executive of the Scottish Prison Service to discuss matters affecting the service. My last such meeting was on 12 August 2010.

Renewable Energy

Lewis Macdonald (Aberdeen Central) (Lab): To ask the Scottish Executive, in light of the disbanding of the Marine Energy Group of the Forum for Renewable Energy Development in Scotland, what external body will provide ministers with advice on marine energy outwith the Pentland Forth and Orkney Waters.

Richard Lochhead: Issues related to offshore and marine energy developments are discussed at the Offshore Energy Programme Board, the Marine Strategy Forum, the Scottish Coastal Forum and the Offshore Wind Industry Group. The Marine Energy Group has completed its remit, although an offshoot group is continuing work on the Pentland Firth.

  Marine Scotland is also holding consultation events with marine sectors, NGOs, planning authorities and the public through a set of meetings and regional workshops for the offshore wind strategic environmental assessment and draft plan. We will undertake the same open and transparent process for marine renewables development.

Schools

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive how much of the £1.25 billion schools building programme announced in 2009 has been procured using non-traditional procurement so far.

Keith Brown: East Renfrewshire and Midlothian Councils are currently undertaking an innovative joint procurement initiative to procure two secondary schools as the pilot project for the Scotland’s Schools for the Future programme. This will be the first time two local authorities have collaborated to jointly procure new schools.

Schools

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive how much of the £1.25 billion schools building programme announced in 2009 will use non-traditional procurement methods; whether it will itemise the projects involved, and what their estimated capital value is.

Keith Brown: The procurement methods for the schools in the Scotland’s Schools for the Future programme will be determined on a case-by-case basis, allowing local councils to make decisions which are best for them. Some schools, for example East Lothian Council’s primary school project, will be procured through the Hub programme, whilst others will be procured through joint procurement projects, such as the pilot programme involving Midlothian and East Renfrewshire Councils.

  We have asked the Scottish Futures Trust to consider and advise on funding models for future phases.

Waste Management

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether it will support island communities facing challenges of cost in the disposal of sewerage sludge from septic tanks.

Richard Lochhead: Scottish Water is required to provide a septic tank emptying service to island communities. The charges for this are calculated on a Scotland-wide basis, with the full costs of providing this service recovered from customer charges.

  Those living in island communities pay the same charge as those on the mainland, and there are currently no plans to further support island communities in paying septic tank emptying charges.